JUDGMENT :

1. Heard Dr. Salil Kumar Srivastava, the learned counsel for applicant, Sri Gyanendra Singh, learned A.G.A. for the State and Sri Ashok Kumar Verma, the learned counsel for opposite party no.2.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has challenged the validity of the summoning order dated 25.08.2022 passed by the Special Judicial Magistrate, Pollution/ CBI, Lucknow in Complaint no.1008 of 2020, whereby the applicant-firm and its 7 partners have been summoned to face trial under Section 37 of the Air Act.

3. On 10.02.2020, the opposite party no. 2 -the U. P. Pollution Control Board (which will hereinafter be referred to as ‘the Board’) filed a complaint under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 (which will hereinafter be referred to as ‘the Air Act’), through an Assistant Environmental Engineer of the Board, against the applicant firm and its 7 partners, stating that by means of an order dated 15.02.2018 passed by the Chief Environmental Officer, Circle-1, the applicant -M/s Albert David Ltd was granted consent under Section 21 of the Air Act for 06TPH PNG fired boiler, which was valid for the p